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Planning Bill

Combined plan - Land use plans - Future provisions

96: Territorial authority must give notice if requirements are satisfied

You could also call this:

"Council must inform public when new rules are approved"

Illustration for Planning Bill

If a territorial authority is happy that certain rules are met, they must tell the public. They must do this if the rules in section 94(a) are met and all future provisions are in place. The authority must say which area the new rules apply to. The notice must include the date when the new rules start and a summary of the new and old rules. The territorial authority must then update their land use plan to show the new rules apply. They must also show that the old rules no longer apply to that area. You cannot object to the Planning Tribunal or appeal against the authority's decision to give notice. This means the authority's decision is final and cannot be changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520362.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councilsHousing and property > Land use
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Part 3Combined plan
Land use plans: Future provisions

96Territorial authority must give notice if requirements are satisfied

  1. A territorial must give public notice that future provisions replace temporary provisions in an area if—

  2. the territorial authority is satisfied that the rules described in section 94(a) for that area are met; and
    1. all of the following provisions are operative:
      1. the rules described in section 94(a):
        1. all future provisions.

        2. The notice must—

        3. describe the area to which the future provisions apply; and
          1. specify the date on which the future provisions apply; and
            1. summarise the future provisions and the temporary provisions they replace.

              1. A territorial that gives a notice must, without using the process in Schedule 3, amend its land use plan to record that on and from the date specified in the notice—

              2. the future provisions apply to the area; and
                1. the temporary provisions no longer apply to that area.

                  1. There is no right of objection to the Planning Tribunal and no right of appeal against a decision of a territorial authority to give notice under this section.